FlintExpungement.com

FLINT EXPUNGEMENT

If you have old crimes that the conviction limits your ability to contribute to society you have a pathway, expungements, for a fresh start. MCL 780.621 . My initial consultation with you is free. Terry R. Bankert 810-235-1970, 1000 Beach St., Flint MI 48503. www.attorneybankert.com, terry@attorneybankert.com.

Sunday, January 13, 2013

HOW TO GET YOUR JUVENILE CRIMINAL RECORD EXPUNGED. Information to help the Judge decide you have learned your lesson and should be given a second chance.Look at MCL 712A.18e, the statute that governs the expungement of juvenile adjudications.-PROBATE CODE OF 1939 (EXCERPT)Act 288 of 1939MCL.712A.18e Application for entry of order setting aside adjudication; [ this section has been revised to be posted later. A juvenile can have up to three juvenile crimes expunged. Only one can be in the catregory of a crime that is the poerson was an adult whold have been a felony not a misdeamenor.]...We first have to determine whether the adjudication may be expunged.Not all people are eligible to have their juvenile adjudications expunged and not all juvenile adjudications are capable of being expunged. To help decide whether you are eligible to have your adjudication expunged, Order a certified copy of the order of disposition.Contact the court where the adjudication occurred and order a certified copy of the order of disposition.MCL 712A.18e(4)(b). You shopuld be patient as records more than five years old are often in storage, converted to microfiche, or otherwise difficult to access. There may be a small charge for this process. Obtain and complete the necessary form.To expunge the adjudication, you must fill out SCAO formJC 66, Application to Set Aside Adjudication. You will need the certified copy of the order of disposition (see step 3) to complete the application.This form also contains the order if the application is granted.File the application.You will need five copies of the application to set aside the adjudication and four copies of the certified record of the order of disposition.To the court clerk, give the original, signed and notarized application, all five copies of the application, and the original certified copy of the order of disposition. The clerk will set a hearing date, keep the certified copy of the order of disposition and the original application, and return the five copies of the application with the hearing date noted in the “Notice of Hearing” section of the application.Of the remaining copies of the application and order of disposition, one of each will be sent to the Michigan State Police (see step 7) and one of each will be sent to the attorney general (see step 8). Be sure to keep in your files the remaining two copies of the application and copy of the order of disposition.Get yourself fingerprinted.You must obtain a set of his or her fingerprints. Contact your local police agency. Police are called upon frequently to fingerprint people for various applications, licensing procedures, etc., and should accommodate your request for fingerprinting. They may schedule an appointment or they may advise you to simply walk in during designated times.The fingerprints will be taken on an applicant card (RI-7). Fill out the card completely. You may have to pay an application fee to the police agency.Send information to the Michigan State Police.Mail the following items to theMichigan State Police:

a copy of the Application to Set Aside Adjudication

a copy of the certified order of disposition

the fingerprint card

a $30 fee payable to the State of Michigan

Alert the attorney general and the prosecuting attorney.At least seven days before the hearing, mail a copy of the application and a copy of the order of disposition to theattorney general and theprosecuting attorney for the county in which the adjudication took place.Complete the proof of service.After mailing the copies to the attorney general, prosecuting attorney, and state police, complete the proof of service on the remaining to copies of the Application to Set Aside Adjudication. This is contained in the section at the bottom of the application entitled “Proof of Service.” Simply check the appropriate boxes, fill in the dates, and sign and date at the bottom. Keep one copy of this form, with the completed proof of service, for your records, and mail or personally file the original with the court clerk.Prepare for the hearing.All judges handle juvenile expungements differently. Some will grant the expungement automatically if the applicant is eligible; others will want strong evidence of good character. Be ready for thelatter approach.If the adjudication to be expunged was assaultive in nature, the prosecutor will give the victim written notice of the request for expungement, including a copy of the Application to Set Aside the Adjudication. Therefore, an applicant with an assaultive crime should be prepared for the possibility that the victim will contact the judge to oppose the expungement, or even appear at the hearing.Complete the process.If the judge grants the expungement, check with the court clerk to make sure the court will send copies of the order to the Michigan State Police Central Records Division. You may want to send copies yourself to theattorney general andprosecuting attorney.After a couple of months, you may wish to contact the Michigan State Police Criminal Records Division at (517) 322-1665 to make sure that your client’s record was expunged.Understand the implications of an expunged record.Expungement of a juvenile adjudication has the effect of setting aside a juvenile’s adjudication. This permits you to honestly tell a potential employer that he or she has never been convicted of a crime. However, even an expunged criminal record can be used for some purposes. For an explanation of what you can expect after expungementt.

YOU SHOULD CONSIDER

getting the precise information about the adjudication from the certified record

complete the Application to Set Aside the Adjudication

have the court clerk notarize the application

obtain a hearing date from the clerk [1]

Michigan State PoliceThe address for the state police is

Michigan State Police

Criminal Records Division

Identification Section

PO Box 30634

Lansing, MI 48909[1]

For questions or problems, call the state police at (517) 241-0606.Attorney GeneralThe address for the attorney general’s office is

Attorney General’s Office

Corrections Department

P.O. Box 30217

Lansing, MI 48909[1]

Prosecuting AttorneyThe address for the prosecuting attorney for the county in which you received the adjudication is obtainable from a variety of sources such as the Bar Journal, the telephone book, or the Internet. You can also ask the court clerk.[1]Evidence of Good CharacterBe prepared to present the following at the expungement hearing:

If you havebeen in school, bring copies of transcripts.

If you have been working, bring a resume and letters of reference from employers.

If you have done volunteer work or community service, bring evidence of what has been done and letters, if available.

If you have been rehabilitated (drug or alcohol intervention, psychological treatment, and/or religious or spiritual guidance from a place of worship), bring proof.

Bring letters of support from;

friends,

family members,

employers others who know you and can vouch for his or her good character. Consider bringing some of these key people to the hearing. Even if the judge does not want to hear from them, it will make a positive impression to be able to tell the judge that your parents, partner, boss, and best friend are at the hearing to lend their support.[1]

Effect of ExpungementIn general, once an adjudication is set aside under the expungement statute, you are legally considered not to have been adjudicated of the juvenile offense. In Michigan, most employers may not legally ask about criminal history that did not result in a conviction.MCL 37.2205a. But there are exceptions that may cause a criminal history to haunt a person after expungement.[1]First, you have only expunged a conviction, not erased the arrest or the court proceedings. Accordingly, even after expungement, some employers may inquire beyond the matter of whether there is a criminal conviction and require an applicant to disclose an arrest, a plea of guilty or no contest, or a finding of guilt by a judge or jury. Many employers are specifically authorized by statute to conduct criminal history checks, and certain government or law enforcement agencies are not limited to determining only whether a conviction was obtained. [1]Did you know anyone with $10 can obtain a person’s criminal history from the state police website, which may still reveal the arrest.[1]Did you know employers in other states may be bound by different laws than Michigan and may be allowed to ask about arrests that did not result in conviction. There is no law that prohibits licensing agencies from holding your arrest record against you, including agencies overseeing medical, legal, financial, and even horse-racing fields. Colleges and graduate schools are free to ask about anything to do with one’s criminal history—and often do. Landlords may ask about arrests on rental applications.[1]Finally, expunged convictions are still considered convictions for purposes of immigration deportation, may not affect a Secretary of State abstract, will not alter registration as a sexual offender, and may be considered in sentencing if the person is ever convicted of another offense. SeeMCL 780.622 for other things unaffected by expungement.[1]Once again, a person whose conviction is expunged may only answer “no” to the question “Have you ever been convicted of a crime?” [1]If an application inquires into the fact of arrest or asks about criminal dispositions taking place before expungement, one may need to obtain legal advice as to whether the question may legally be asked, and if so, how to answer it.[1]If a person does ever need to explain the circumstances of an expunged conviction, it is best to handle the explanation in the same way as the expungement hearing before the judge and to be prepared with strong evidence of rehabilitation since the crime occurred.[1]Despite the limited protection offered by an expungement, successfully setting aside a conviction can go a long way in helping a person have a fresh start in life, whether it be in finding employment or pursuing an education.[1]--see[1]Current to 01/04/13 [what's this?]Expunge a Juvenile AdjudicationByNicholas Roumel[2]Updated with[3]updated with

On 12/30/2012 Governor Snyder signed into law an amendment to section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257. by Flint Attorney Terry R. Bankert 810-235-1970see:http://www.abc12.com/story/20467852/new-law-makes-it-easier-to-erase-juvenile-crimesThis allows a person to have set aside more than one criminal conviction. This process is called expungement. Prior to this amendment a person was limited to one crime that could be expunged. Having your criminal record become important when applying for a job, the military of college and certain programs and funding sources. A tremendous burden has been taken from those that when young crossed the law and paid their penalty. As an adults they now can move on with their life.

Generally this new law , allows a person who has been sentenced to not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses total, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no adult felony convictions may file a petition with the courts that gave them the sentence for the entry of an order after a proper motion and hearing and complying with all portions of this law to set aside the juvenile sentences..

A citizen may have only 1 juvenile sentence for an offense that would be a felony if committed by an adult and not more than 2 sentences for an offense that would be a misdemeanor if committed by an adult. A total of three juvenile acts can be expunged.

If there has never been a sentence in juvenile court for an act that would be a sentence to a felony if committed by an adult, not more than 3 sentences for an offenses that would be a misdemeanor if committed by an adult can set aside . Another way that three juvenile acts can be set aside.

If there were multiple sentences from one act they can be counted as just one with limitations. Multiple sentences arising out of a series of acts that were within 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection .

(b) An offense involving the use or possession of a weapon.

(c) An offense with a maximum penalty of 10 or more years imprisonment.

There are offense sentences that cannot be expunged or set aside. A person shall not apply under this law to have set aside, and a judge shall not under this section set aside, any of the following:

(a) A sentenced for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.

(b) A sentence for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.

Juvenile orders for financial payments will remain in effect. For instance order of disposition placing a juvenile in or committing a juvenile to care outside of the juvenile's own home and under state, county juvenile agency, or court supervision shall contain a provision for reimbursement by the juvenile, parent, guardian, or custodian to the court for the cost of care or service. [

Before a person had to wait three years until after completion of their sentence now they only have to wait one year. A legal petition under this law shall not be filed until the expiration of 1 year following imposition of the disposition for the sentence that the applicant seeks to set aside, or 1 year following completion of any term of detention for that sentence, or when the person becomes 18 years of age, whichever occurs later.

Many young people cross the law. We now have responsibly changed the law so the crimes of our youth are truly forgiven.

AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.

The People of the State of Michigan enact:

CHAPTER XIIA

Sec. 18e. (1) Except as provided in subsection (2), a person who has been adjudicated of not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no felony convictions may file an application with the adjudicating court or adjudicating courts for the entry of an order setting aside the adjudications. A person may have only 1 adjudication for an offense that would be a felony if committed by an adult and not more than 2 adjudications for an offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult set aside under this section. Multiple adjudications arising out of a series of acts that were in a continuous time sequence of 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection (7).

(b) An offense involving the use or possession of a weapon.

(c) An offense with a maximum penalty of 10 or more years imprisonment.

(2) A person shall not apply under this section to have set aside, and a judge shall not under this section set aside, any of the following:

(a) An adjudication for an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment.

(b) An adjudication for a traffic offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

(c) A conviction under section 2d of this chapter. This subdivision does not prevent a person convicted under section 2d of this chapter from having that conviction set aside as otherwise provided by law.

(3) An application under this section shall not be filed until the expiration of 1 year following imposition of the disposition for the adjudication that the applicant seeks to set aside, or 1 year following completion of any term of detention for that adjudication, or when the person becomes 18 years of age, whichever occurs later.

(4) An application under this section is invalid unless it contains the following information and is signed under oath by the person whose adjudication is to be set aside:

(a) The full name and current address of the applicant.

(b) A certified record of the adjudication that is to be set aside.

(c) A statement that the applicant has not been adjudicated of a juvenile offense other than the juvenile offenses sought to be set aside as a result of this application.

(d) A statement that the applicant has not been convicted of any felony offense.

(e) A statement as to whether the applicant has previously filed an application to set aside this or any other adjudication and, if so, the disposition of the application.

(f) A statement as to whether the applicant has any other criminal charge pending against him or her in any court in the United States or in any other country.

(g) A consent to the use of the nonpublic record created under subsection (13), to the extent authorized by subsection (13).

(5) The applicant shall submit a copy of the application and 2 complete sets of fingerprints to the department of state police. The department of state police shall compare those fingerprints with the records of the department, including the nonpublic record created under subsection (13), and shall forward a complete set of fingerprints to the federal bureau of investigation for a comparison with the records available to that agency. The department of state police shall report to the court in which the application is filed the information contained in the department’s records with respect to any pending charges against the applicant, any record of adjudication or conviction of the applicant, and the setting aside of any adjudication or conviction of the applicant and shall report to the court any similar information obtained from the federal bureau of investigation. The court shall not act upon the application until the department of state police reports the information required by this subsection to the court.

(6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $25.00 payable to the state of Michigan. The department of state police shall use the fee to defray the expenses incurred in processing the application.

(7) A copy of the application shall be served upon the attorney general and, if applicable, upon the office of the prosecuting attorney who prosecuted the offense. The attorney general and the prosecuting attorney shall have an opportunity to contest the application. If the adjudication was for an offense that if committed by an adult would be an assaultive crime or serious misdemeanor, and if the name of the victim is known to the prosecuting attorney, the prosecuting attorney shall give the victim of that offense written notice of the application and forward a copy of the application to the victim under section 46a of the William Van Regenmorter crime victim’s rights act, 1985 PA 87, MCL 780.796a. The notice shall be sent by first-class mail to the victim’s last known address. The victim has the right to appear at any proceeding under this section concerning that adjudication and to make a written or oral statement. As used in this subsection:

(a) “Assaultive crime” means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

(8) Upon the hearing of the application, the court may require the filing of affidavits and the taking of proofs as it considers proper.

(9) Except as provided in subsection (10), if the court determines that the circumstances and behavior of the applicant from the date of the applicant’s adjudication to the filing of the application warrant setting aside the 1 adjudication for a juvenile offense that would be a felony if committed by an adult and not more than 2 adjudications for a juvenile offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult and that setting aside the adjudication or adjudications is consistent with the public welfare, the court may enter an order setting aside the adjudication. Except as provided in subsection (10), the setting aside of an adjudication under this section is a privilege and conditional, and is not a right.

(10) Notwithstanding subsection (9), the court shall set aside the adjudication of a person who was adjudicated for an offense that if committed by an adult would be a violation or an attempted violation of section 413 of the Michigan penal code, 1931 PA 328, MCL 750.413, if the person files an application with the court and otherwise meets the requirements of this section.

(11) Upon the entry of an order under this section, the applicant is considered not to have been previously adjudicated, except as provided in subsection (13) and as follows:

(a) The applicant is not entitled to the remission of any fine, costs, or other money paid as a consequence of an adjudication that is set aside.

(b) This section does not affect the right of the applicant to rely upon the adjudication to bar subsequent proceedings for the same offense.

(c) This section does not affect the right of a victim of an offense to prosecute or defend a civil action for damages.

(d) This section does not create a right to commence an action for damages for detention under the disposition that the applicant served before the adjudication is set aside under this section.

(12) Upon the entry of an order under this section, the court shall send a copy of the order to the arresting agency and the department of state police.

(13) The department of state police shall retain a nonpublic record of the order setting aside an adjudication for a juvenile offense that would be a felony if committed by an adult and not more than 2 juvenile offenses that would be misdemeanors if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult and of the record of the arrest, fingerprints, adjudication, and disposition of the applicant in the case to which the order applies. Except as provided in subsection (14), this nonpublic record shall be made available only to a court of competent jurisdiction, an agency of the judicial branch of state government, a law enforcement agency, a prosecuting attorney, the attorney general, or the governor upon request and only for the following purposes:

(a) Consideration in a licensing function conducted by an agency of the judicial branch of state government.

(b) Consideration by a law enforcement agency if a person whose adjudication has been set aside applies for employment with the law enforcement agency.

(c) To show that a person who has filed an application to set aside an adjudication has previously had an adjudication set aside under this section.

(d) The court’s consideration in determining the sentence to be imposed upon conviction for a subsequent offense that is punishable as a felony or by imprisonment for more than 1 year.

(e) Consideration by the governor, if a person whose adjudication has been set aside applies for a pardon for another offense.

(14) A copy of the nonpublic record created under subsection (13) shall be provided to the person whose adjudication is set aside under this section upon payment of a fee determined and charged by the department of state police in the same manner as the fee prescribed in section 4 of the freedom of information act, 1976 PA 442, MCL 15.234.

(15) The nonpublic record maintained under subsection (13) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(16) Except as provided in subsection (13), a person, other than the applicant, who knows or should have known that an adjudication was set aside under this section, who divulges, uses, or publishes information concerning an adjudication set aside under this section is guilty of a misdemeanor.